Excelsior Correspondent
Srinagar, May 2: High Court barred those aspirants from taking part into allotment process for establishment of petrol outlets in the State who are not permanent residents of the State.
Hearing a petition challenging the guidelines as also the advertisement notification which provides that the non-state subjects having relation with the residents of the State can apply for establishing of outlet, the Division Bench of Justice Ali Mohammad Magrey and Justice Tashi Rabstan directed that the guidelines and advertisement notices shall not be given effect to this extent.
Court has declined to grant complete stay on the process of allotment of 628 Outlet Retail Dealerships in the state merely because the petitioners are already having Outlet Dealership at different sites of the State.
But in order to ensure adherence to the Constitutional Scheme and the local laws having reference to the ownership rights of the properties of the subjects in the State of J&K, DB directed that the Clause (IV) of the impugned guidelines incorporated in the advertisement notices shall not be given effect in respect of the applicants who are not fulfilling the requirements in tune with the local laws.
Court has made it clear for the respondent Corporations (oil companies) to only process the cases of applicants who are adhering to the provisions of the local laws with reference to ownership or transfer of land.
Arguments on behalf of petitioners counsel about the guidelines and advertisement notice was that both are against State Subject Laws and raised the objection that the guidelines and the advertisement notices are having the effect of violating the provisions of Sections 3 and 4 of the Jammu and Kashmir Land Alienation of Land Act which prohibits the transfer of land in favour of non-State Subject and transfer of land in favour of any person who is not a State Subject.
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